Md. Code, Business Regulation, Title 19

Md. Code, Business Regulation, Title 19
in effect

Md. Code, Business Regulation § 19-101

(a) A person other than as an agent or employee of the United States or a state or a political subdivision of the United States or a state may not use the word “official”, or its equivalent, in connection with a tourist or travelers’ guide or information service or with related advertising or publicity. (b) (1) In this subsection, “advertisement” includes a display or sign that is visible from a public highway. (2) A person may not conduct or operate a tourist or travelers’ information service unless each affixed advertisement that announces the service by the prominent display of the word “information” or a synonym includes, in letters that are at least half the size of the largest letters in the advertisement and that are lighted and displayed with substantially equal prominence, a complete list of names, headed “Sales Agents For” or the equivalent, of each business from which a person, directly or indirectly connected with the service, receives a commission, fee, or other payment or remuneration for referrals to the business. (3) This subsection does not apply to: (i) a bona fide chamber or association of commerce of cities, towns, or counties of the State; or (ii) an information service furnished by a retail business if remuneration is not received from any other business other than for goods sold on the premises. (c) Any person who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to a penalty not exceeding $500 for each offense.

Md. Code, Business Regulation § 19-102

(a) This section applies to each corporation or company that acts as a common carrier or forwarder in the State, including a railroad, steamboat, transportation, or forwarding company. (b) (1) Except as provided in subsection (c) of this section, a common carrier or forwarder may sell at public auction freight that is forwarded on the common carrier or forwarder to a point in the State if: (i) for 3 months after arriving at its destination the freight remains unclaimed and the legal charges on the freight remain unpaid; (ii) the owner or consignee cannot be found after diligent inquiry, or, for 3 months after being found and notified of the arrival of the freight, does not receive the freight and pay the legal charges on the freight; and (iii) the common carrier or forwarder at least 10 days before the sale has posted notices of the time and place of the sale in three public places in the county or municipal corporation in which the sale is to be made. (2) Out of the proceeds of the sale the common carrier or forwarder: (i) may pay the legal charges, including the costs of storage of the freight; and (ii) shall pay, on demand, any balance to the owner or consignee of the freight. (c) (1) A judge of the circuit court for a county in which freight is located that has been forwarded by a common carrier or forwarder may pass an order for the sale of the freight if the judge deems the sale expedient, on the terms and notice that the order prescribes, if: (i) the common carrier or forwarder files with the judge an application, verified by affidavit, that sets forth the reasons for which the application is made; (ii) the freight is livestock, is perishable, or is so damaged or of such other character as to make it impracticable for it to remain in the possession of the company owning or operating the common carrier or forwarder for 3 months after its arrival at its destination; and (iii) the owner or consignee cannot be found after diligent inquiry, or, for 24 hours after being found and notified of the arrival of the freight, does not receive the freight and pay the legal charges on the freight. (2) Out of the proceeds of the sale, the common carrier or forwarder: (i) may pay the expenses incident to the sale and legal charges, including the cost of the keep of the livestock or the cost of storage of the freight; and (ii) shall pay, on demand, any balance to the owner or consignee of the freight. (d) (1) In this subsection, “baggage” includes personal baggage, sample packages, bundles, or luggage. (2) A common carrier or forwarder may sell at public auction baggage that is transported by the common carrier or forwarder to any point in the State if: (i) the baggage remains at its destination for 3 months or, if it is lost or stray baggage, remains unclaimed by the owner or the consignee for 3 months at the place to which it has been transported; (ii) the owner or consignee cannot be found after diligent inquiry, or, after being found and notified of the arrival of the baggage, does not receive the baggage and pay the reasonable charges on the baggage; and (iii) the common carrier or forwarder at least 10 days before the sale has posted notices of the time and place of the sale in three public places in the county or municipal corporation in which the sale is to be made. (3) Out of the proceeds of the sale the common carrier or forwarder: (i) may pay the legal charges, including the costs of storage of the baggage; and (ii) shall pay, on demand, any balance to the owner or consignee of the baggage.

Md. Code, Business Regulation § 19-103

(a) (1) In this section the following words have the meanings indicated. (2) “Adult entertainment” means live entertainment: (i) in which individuals appear for public view in a state of nudity or partial nudity; or (ii) that, applying contemporary standards, the average individual would find, taken as a whole, appeals to the prurient interest. (3) “Adult entertainment establishment” means a business establishment where adult entertainment is offered. (4) “Truck stop” means a facility: (i) the primary purpose of which is to provide services to long–haul truck drivers; and (ii) that provides: 1. shower facilities to the truck drivers for a fee; or 2. parking for the truck drivers’ vehicles. (b) (1) The owner of a privately owned bus station, truck stop, or adult entertainment establishment shall post the National Human Trafficking Resource Center Hotline information sign described in § 15–207 of this article in each restroom of the bus station, truck stop, or adult entertainment establishment. (2) A sign required under this section shall be posted: (i) on the inside of each stall door in the restroom; or (ii) on the back of the door at the entrance to the restroom. (c) (1) An agency that enforces this section and determines that a violation of this section has occurred shall notify the business owner of the bus station, truck stop, or adult entertainment establishment, or the business owner’s agent, of the violation. (2) If the business owner of the bus station, truck stop, or adult entertainment establishment does not post signs as required under this section within 24 hours after receiving the notice required under paragraph (1) of this subsection, the business owner is subject to a civil penalty not exceeding $1,000. (3) For each restroom in which a business owner fails to post a sign in accordance with this section, the business owner is subject to a separate civil penalty.

Md. Code, Business Regulation § 19-104

A business registered with the State Department of Assessments and Taxation that offers a discount or preference on products or services to veterans shall accept a valid driver’s license or identification card issued under § 12–302 of the Transportation Article that includes a notation of veteran status as verification of the veteran status of the holder of the driver’s license or identification card for purposes of claiming the discount or preference.

Md. Code, Business Regulation § 19-105

(a) This section does not apply to: (1) an animal welfare organization or animal control unit displaying dogs or cats for adoption or the adoption of dogs or cats from an animal welfare organization or animal control unit; or (2) a dog breeder and a specific individual purchaser conducting a prearranged sale of a dog if the location of the prearranged sale is not at a regularly scheduled or recurring event. (b) A person may not offer for sale, sell, offer to transfer, transfer, barter, trade, or auction a dog or cat at any public place, including: (1) a street; (2) a highway; (3) a public right–of–way; (4) a public parking lot; (5) a carnival; (6) a boardwalk; (7) a swap meet; (8) a fair; or (9) a flea market. (c) An animal control officer under the jurisdiction of the State or a local governing body and an officer of a society or association, incorporated under the laws of the State for the prevention of cruelty to animals, authorized to make arrests under § 10–609 of the Criminal Law Article may enforce subsection (b) of this section. (d) A person who violates this section is subject to: (1) for a first violation, a civil penalty not exceeding $500; (2) for a second violation, a civil penalty not exceeding $1,000; and (3) for a third or subsequent violation, a civil penalty not exceeding $1,500.

Md. Code, Business Regulation § 19-106

(a) (1) In this section the following words have the meanings indicated. (2) “Entity” means: (i) a commercial enterprise or business that is in good standing with the State Department of Assessments and Taxation and is: 1. incorporated in the State; or 2. registered to do business in the State; or (ii) a corporation, foundation, school, hospital, or other legal entity for which none of the net earnings inure to the benefit of any private shareholder or individual holding an interest in the entity. (3) “State benefit” means: (i) State capital grant funding totaling $1,000,000 or more in a single fiscal year; (ii) State tax credits totaling $1,000,000 or more in a single fiscal year; or (iii) the receipt of a State contract with a total value of $1,000,000 or more. (4) “State contract” means a contract that: (i) resulted from a competitive procurement process; and (ii) is not federally funded in any way. (5) “Underrepresented community” means a community whose members self–identify: (i) as Black, African American, Hispanic, Latino, Asian, Pacific Islander, Native American, Native Hawaiian, or Alaska Native; or (ii) with one or more of the racial or ethnic groups listed in item (i) of this paragraph. (b) This section does not apply to: (1) a sole proprietor; (2) a limited liability company owned by a single member; (3) a privately held company if at least 75% of the company’s shareholders are family members; or (4) an entity that: (i) has an annual operating budget or annual sales less than $5,000,000; and (ii) does not qualify for a State benefit. (c) An entity may not qualify for a State benefit unless the entity is able to demonstrate: (1) membership of underrepresented communities in the entity’s board or executive leadership; or (2) support for underrepresented communities in the entity’s mission. (d) The Department of Commerce and the Office of Small, Minority, and Women Business Affairs shall: (1) develop and maintain a State Equity Report that compiles diversity data for each entity on: (i) the membership of underrepresented communities in the entity’s board or executive leadership; and (ii) the support of underrepresented communities in the entity’s mission; and (2) adopt regulations to carry out this section, including directives for State agencies and entities to comply with the requirements in this section.

Md. Code, Business Regulation § 19-107

A person may not serve or act as a contractor, a subcontractor, or a broker between a contractor and subcontractor in the State during the 5–year period immediately following the date the person was convicted of an offense constituting criminal malfeasance, misfeasance, or nonfeasance under any federal or state law.

Md. Code, Business Regulation § 19-108

A cellular phone carrier shall allow: (1) the customer of record who is responsible for payment on an account to designate other individuals as authorized users on the account; and (2) an individual designated as an authorized user on an account to purchase services or devices or to take additional action under any service contract connected to the account to the extent that the authorization extends to the action.

Md. Code, Business Regulation § 19-109

(a) A person may not sell, offer for sale, transfer, or distribute non–arc–resistant jacketed corrugated stainless steel tubing. (b) A person who violates this section is subject to a civil penalty not exceeding $1,000.

Md. Code, Business Regulation § 19-201

In this subtitle, “organization” means an incorporated or unincorporated society, association, organization, lodge, order, fraternal society, beneficial association, fraternal and beneficial society or association, historical, military, or veterans’ organization, labor union, foundation, federation, degree, branch, subordinate lodge, or auxiliary.

Md. Code, Business Regulation § 19-202

(a) (1) Except as provided in subsection (b) of this section, an organization may register with the Secretary of State a facsimile, duplicate, or description of its name or insignia, including a badge, motto, button, decoration, charm, emblem, or rosette if the principles and activities of the organization are not repugnant to the Constitution and laws of the United States or this State. (2) An organization that registers a name or insignia under this subsection may change or cancel the registration by reregistration. (b) The Secretary of State may not register a name or insignia of an organization if the name or insignia is similar to, imitates, or so nearly resembles another name or insignia registered under this section as to be likely to deceive.

Md. Code, Business Regulation § 19-204

(a) Any fees that the Secretary of State establishes for registration, alteration, cancellation, research, and the issuance of certificates under this subtitle shall be as provided by law for similar services. (b) The Secretary of State shall pay fees collected under this subtitle, less administrative costs, into the General Fund of the State.

Md. Code, Business Regulation § 19-205

A registration under this subtitle is for the use, the benefit, and on behalf, of the organization, or a subsidiary or member in the State of the organization.

Md. Code, Business Regulation § 19-206

(a) (1) The Secretary of State shall keep a properly indexed record of registrations granted under this subtitle. (2) The record shall show any altered or canceled registration. (b) The Secretary of State shall issue a certificate of registration to each person granted a registration under this subtitle.

Md. Code, Business Regulation § 19-207

(a) A person may not falsely impersonate an officer or member of a uniformed services or patriotic organization, grand or subordinate lodge, or fraternal or sororal society that is chartered or has grand or subordinate lodges in the State. (b) (1) Subject to paragraph (2) of this subsection, a person may not wear, or use to obtain aid, assistance, or personal or social recognition from a person in the State, the insignia of a military or patriotic organization, or a lodge or fraternal society that is chartered or has grand or subordinate lodges in the State, unless the person is entitled to use or wear the insignia under the constitution, bylaws, or rules of the organization, lodge, or society. (2) Nothing in this subsection may be construed to prohibit a person from wearing an insignia of a lodge or society if the person is a parent, sibling, child, or spouse of a member of the lodge or society who is entitled to wear the insignia under this subsection. (3) A person who violates this subsection is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $200. (c) (1) A person may not wear willfully, or use to obtain aid or assistance in the State, the insignia of the American Legion, the Veterans of Foreign Wars of the United States, or the Disabled American Veterans, unless the person is entitled to use or wear the insignia under the constitution, bylaws, or rules of the organization. (2) A person who violates this subsection is guilty of a misdemeanor and on conviction is subject to: (i) a fine not exceeding $25; or (ii) if payment of the fine is defaulted, imprisonment not exceeding 30 days. (d) (1) A person may not willfully wear, exhibit, display, print, or use the insignia that is registered under this subtitle, unless the person is entitled to use or wear the insignia under the constitution, bylaws, or rules of the organization. (2) A person who violates this subsection is guilty of a misdemeanor and on conviction is subject to: (i) a fine not exceeding $100; or (ii) if payment of the fine is defaulted, imprisonment not exceeding 60 days.

Md. Code, Business Regulation § 19-301

(a) In this subtitle the following words have the meanings indicated. (b) (1) “Returnable container” means a device made of any material: (i) that is used to hold, contain, or convert goods into a package, either by necessity or for convenience of delivery or sale; (ii) that is suitable for repeated use; and (iii) the title to which the seller does not intend to pass with the sale of the goods or the transport or return of the goods, as provided in item (2)(ii) of this section. (2) “Returnable container” includes: (i) a basket, tray, milk crate, or any type of container that is used by a bakery, dairy, distributor, retailer, food service establishment, or its agent, to transport, store, or carry goods including bakery or dairy products; and (ii) a bag, box, basket, or any other device: 1. that is intended for repeated use; 2. that is used to hold or contain goods that are being: A. transported to a laundry, dry cleaning, or dyeing establishment to be washed, laundered, dry cleaned, or dyed; or B. returned to the person entitled to the return; and 3. the title to which the seller does not intend to pass by the transport or return of the goods. (c) “Returnable textile” means a garment, towel, table linen, or bed linen with an identifying name, mark, or device woven, impressed, or produced on it, that is regularly supplied clean, and periodically exchanged for a similar soiled textile.

Md. Code, Business Regulation § 19-302

(a) In this subtitle, requiring or accepting a deposit on a registered returnable container, whether optional, conditional, or otherwise, does not constitute a sale of the container. (b) (1) The owner of a returnable container or returnable textile may bring a civil action, including an action for injunctive relief, to preserve the rights of the owner, to recover damages, or to recover the returnable container or returnable textile, from a person who unlawfully possesses the returnable container or returnable textile of the owner. (2) In an action brought under this subsection, the owner of a returnable container or returnable textile may recover up to three times the value of the actual damages, plus reasonable attorney’s fees. (c) This subtitle does not prohibit a prosecution for theft under § 7–104 of the Criminal Law Article.

Md. Code, Business Regulation § 19-303

(a) (1) A person may register: (i) a class of returnable containers if: 1. the person owns or deals in goods handled or delivered in a returnable container; and 2. the returnable container has an identifying name, mark, or device securely attached, impressed, or imprinted; or (ii) a class of returnable textiles, if the person: 1. is in the business of regularly supplying clean laundered returnable textiles; and 2. periodically exchanges the clean returnable textiles for soiled returnable textiles. (2) A person who has registered a returnable container or returnable textile under State law is not required to reregister the returnable container or returnable textile. (b) To register a returnable container or returnable textile a person shall: (1) (i) prepare a clear statement of the character of the returnable container or returnable textile; and (ii) prepare a comprehensive description of the identifying name, mark, or device attached, impressed, imprinted, woven, or produced; (2) sign and acknowledge the comprehensive description before an officer qualified to take an acknowledgment to deeds in the State; (3) publish the signed and acknowledged comprehensive description: (i) in two successive issues, in different weeks, of a newspaper published in the county in which the principal office, place of business, or agency of the person is located; or (ii) twice a week for 2 successive weeks in a daily newspaper published in Baltimore City if the principal office, place of business, or agency of the person is located in Baltimore City; and (4) file with the Secretary of State the comprehensive description and a certificate of publication, certified by the owner or manager of the newspaper in which the comprehensive description was published. (c) A person may transfer a registration by filing a copy of the assignment or transfer with the Secretary of State. (d) (1) The Secretary of State shall record each: (i) comprehensive description filed under subsection (b) of this section; (ii) certificate of publication filed under subsection (b) of this section; and (iii) transfer filed under subsection (c) of this section. (2) On application, the Secretary of State shall provide to the applicant a certified copy of a recorded filing. (3) The Secretary of State shall establish reasonable fees: (i) for recording under this section; and (ii) for providing copies of records filed under this section. (e) A certified copy of a comprehensive description and a certificate of publication or of a transfer with the seal of the Secretary of State attached is: (1) evidence that the person complied with this subtitle; and (2) prima facie evidence of: (i) title to or right to use, collect, or deliver the corresponding returnable containers; and (ii) title to the corresponding returnable textiles.

Md. Code, Business Regulation § 19-304

(a) (1) After the recordation, a person may not: (i) use a registered returnable container of another with contents of a nature different from that delivered; or (ii) sell, buy, rent, or otherwise traffic in a registered returnable textile of another. (2) A person who violates this subsection: (i) is guilty of a misdemeanor and on conviction is subject to: 1. for a first violation, imprisonment not exceeding 1 year or a fine not exceeding $1,000; and 2. for each subsequent violation, imprisonment not exceeding 3 years or a fine not exceeding $2,500 or both; and (ii) shall forfeit to the rightful owner possession of the property involved in the violation. (b) (1) After the recordation, a person may not willfully deface, remove, conceal, or destroy an identifying name, mark, or device attached, impressed, or imprinted on a returnable container or returnable textile of another. (2) A person who violates this subsection: (i) is guilty of a misdemeanor and on conviction is subject to: 1. for a first violation, imprisonment not exceeding 1 year or a fine not exceeding $1,000; and 2. for each subsequent violation, imprisonment not exceeding 3 years or a fine not exceeding $2,500 or both; and (ii) shall forfeit to the rightful owner possession of the property involved in the violation. (c) (1) After the recordation, a person may not willfully break, destroy, or otherwise injure a returnable container or returnable textile of another. (2) A person who violates this subsection: (i) is guilty of a misdemeanor and on conviction is subject to: 1. for a first violation, imprisonment not exceeding 1 year or a fine not exceeding $1,000; and 2. for each subsequent violation, imprisonment not exceeding 3 years or a fine not exceeding $2,500 or both; and (ii) shall forfeit to the rightful owner possession of the property involved in the violation. (d) (1) After the recordation, a person may not buy, offer for sale, sell, use, give, receive, hire, rent, lend, transport, collect from ash or garbage receptacles, dumps, or premises, keep in stock or store, or dispose of a returnable container or returnable textile of another without an assignment from or the written consent of the registered owner. (2) A person who violates this subsection: (i) is guilty of a misdemeanor and on conviction is subject to: 1. for each first violation, imprisonment not exceeding 1 year or a fine not exceeding $1,000; and 2. for each subsequent violation, imprisonment not exceeding 3 years or a fine not exceeding $2,500 or both; and (ii) shall forfeit to the rightful owner possession of the property involved in the violation. (e) A person may not adopt and register under this subtitle a returnable container or returnable textiles, or a description, name, mark or device, that: (1) has been previously registered by another; or (2) is in use by another in good faith. (f) (1) A person who receives a registered returnable container or registered returnable textile may not fail on demand to surrender promptly the container or textile to the person from whom the container or textile was received. (2) A person who violates this subsection is guilty of a misdemeanor and on conviction is subject to: (i) for each first violation, imprisonment not exceeding 1 year or a fine not exceeding $1,000; and (ii) for each subsequent violation, imprisonment not exceeding 3 years or a fine not exceeding $2,500 or both. (g) (1) A person who receives a registered returnable container that has come into immediate contact with a dairy product shall thoroughly clean the inside of the container immediately after emptying the contents. (2) A person who violates this subsection is guilty of a misdemeanor and on conviction is subject to a fine of $500.

Md. Code, Business Regulation § 19-305

A District Court judge shall issue a search warrant, authorizing a search of the premises specified in the warrant, to a sheriff, deputy sheriff, or other law enforcement officer to whom a warrant may be directed, if a person who has registered a returnable container or returnable textile, or the person’s agent, makes an affidavit before the judge, stating that: (1) the affiant demonstrates probable cause to believe that a violation of § 19–304(a), (b), (c), or (d) of this subtitle has occurred; and (2) evidence of the violation may be obtained by a search of premises specified by the affiant.

Md. Code, Business Regulation § 19-306

(a) In a prosecution under this subtitle, a charging document is sufficient if it: (1) describes the returnable container or returnable textile in a way that allows its identification; (2) affirms that the returnable container or returnable textile is distinctly marked and registered under this subtitle; and (3) gives the name of the owner of the returnable container or returnable textile, the person using the returnable container or returnable textile through registration, or, if applicable, the transferee. (b) In a prosecution under this subtitle, a charging document need not: (1) state or describe the name, mark, or device attached, impressed, or imprinted on a returnable container or returnable textile; or (2) state the particulars of the registration of the returnable container or returnable textile or of the assignment or transfer of the registration.

Md. Code, Business Regulation § 19-307

(a) In a prosecution under § 19-304(a), (b), (c), or (d) of this subtitle, possession by a person charged of all or part of the registered returnable container or returnable textile is prima facie evidence that the person is guilty of the charge. (b) Subsection (a) of this section does not apply to: (1) a garbage collector who collects a registered returnable container or returnable textile in the regular course of business; (2) the possession of a registered returnable container by a person who received the container with its contents; or (3) the possession of a registered returnable textile.

Md. Code, Business Regulation § 19-308

(a) (1) In this section, “plastic secondary packaging” means a plastic crate or shell used for the bulk transportation, storage, or carrying of retail items. (2) “Plastic secondary packaging” includes milk crates, bakery and soft drink trays, and other commercial plastic secondary packaging. (b) Other than a manufacturer of plastic secondary packaging, a person may not purchase four or more items of plastic secondary packaging for the purpose of recycling, shredding, or destroying the items. (c) (1) Each person that purchases an item of plastic secondary packaging, including a person that is in the business of recycling, shredding, or destroying plastic secondary packaging, shall make a written record of each transaction in which a person sells four or more items of plastic secondary packaging, that shows that the person selling the plastic secondary packaging has lawful possession or ownership of the plastic secondary packaging. (2) For each transaction subject to paragraph (1) of this subsection, the purchaser shall: (i) verify the seller’s identity by a driver’s license or other government–issued identification; and (ii) make a record of each transaction that includes: 1. the name, address, telephone number, and signature of the seller or the seller’s authorized representative; 2. the name and address of the purchaser; 3. the registration number and license tag number of any vehicle used in the delivery of the plastic secondary packaging; 4. a description of the items sold, including the number of units; and 5. the date of the transaction. (d) The purchaser shall keep the records required by this section for at least 1 year after the date of purchase. (e) A person that violates this section is guilty of a misdemeanor and on conviction is subject to: (1) for each first violation, imprisonment not exceeding 1 year or a fine not exceeding $1,000; and (2) for each subsequent violation, imprisonment not exceeding 3 years or a fine not exceeding $2,500 or both.

Md. Code, Business Regulation § 19-401

(a) In this subtitle the following words have the meanings indicated. (b) “Beneficial owner” means a person for whose benefit a boat broker is entrusted to hold money. (c) “Boat” means any vessel that is propelled by sail or machinery in the water. (d) “Boat broker” means a person who provides boat brokerage services for another person. (e) “Boat broker trust account” means an account that a broker maintains at a financial institution for the deposit of trust money. (f) “Boat brokerage services” means to engage in any of the following activities for an expectation of compensation: (1) selling a boat, offering to sell a boat, or negotiating to sell a boat; (2) buying a boat, offering to buy a boat, or negotiating to buy a boat; (3) soliciting or obtaining a listing of a boat; or (4) negotiating the purchase, sale, or exchange of a boat. (g) “Trust money” means a deposit, payment, or other money that a person entrusts to a boat broker to hold for the benefit of the person or a beneficial owner.

Md. Code, Business Regulation § 19-402

(a) A boat broker shall place any trust moneys received in anticipation of a boat purchase into a boat broker trust account until the boat broker: (1) disburses the trust moneys to the beneficial owner on completion of the boat purchase; or (2) returns the trust moneys to the purchaser if the boat purchase is not completed. (b) A boat broker trust account established under this section shall be separate from the boat broker’s operating account.

Md. Code, Business Regulation § 19-501

This subtitle does not apply to: (1) the use of an active service member’s name, portrait, picture, or image in an attempt to portray, describe, or impersonate that active service member in a live performance, single and original work of fine art, play, book, article, film, musical work, radio or television programming, or other audio or audiovisual work, if the performance, fine art, play, book, article, film, musical work, radio or television programming, or other audio or audiovisual work does not constitute a commercial advertisement for any product, good, ware, or merchandise; (2) the use of an active service member’s name, portrait, picture, or image for noncommercial purposes, including any news, public affairs, or sports broadcast or account; (3) the use of an active service member’s name in truthfully identifying the active service member as the author of a particular work or program or as the performer in a particular performance; (4) any promotional materials, advertisements, or commercial announcements for a use described in item (1), (2), or (3) of this section; (5) unless the exhibition is continued by the professional photographer after written notice objecting to the exhibition by a person with the authority to grant consent for use under § 19–503 of this subtitle, the use of photographs, video recordings, and images by a person practicing professional photography to exhibit, in or about the professional photographer’s place of business or portfolio, samples of the professional photographer’s work; (6) the use of an active service member’s picture, portrait, or image that is not facially identifiable; and (7) a photograph of a monument or a memorial that is placed on any product, good, ware, or merchandise.

Md. Code, Business Regulation § 19-502

A person may not knowingly use the name, portrait, picture, or image of an active service member killed in the line of duty within the previous 50 years in advertising for the sale of a product, good, ware, merchandise, or service, for the purpose of gaining a commercial advantage, without obtaining prior consent for use from the active service member or the surviving spouse, the personal representative, or the majority of the heirs of the deceased active service member.

Md. Code, Business Regulation § 19-503

A person who violates § 19–502 of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $2,500 or imprisonment not exceeding 1 year or both.

Md. Code, Business Regulation § 19-601

(a) In this subtitle the following words have the meanings indicated. (b) “Basic rights information” means information applicable to a noncitizen, including information about human rights, immigration, and emergency assistance and resources. (c) “Client” means an individual who is a citizen or resident of the United States and the State of Maryland and who uses the services of an international marriage broker to meet recruits. (d) “Criminal history record information” means criminal history record information as described in § 10–201 of the Criminal Procedure Article. (e) (1) “International marriage broker” means a corporation, partnership, sole proprietorship, or other legal entity that does business in the United States and offers to Maryland residents dating, matrimonial, or social referral services involving recruits by: (i) exchanging names, telephone numbers, addresses, photographs, or statistics or otherwise facilitating communication between a client and a recruit; or (ii) providing a social environment for introducing clients to recruits in person. (2) “International marriage broker” does not include: (i) a traditional marriage broker that operates on a nonprofit basis and otherwise operates in compliance with the laws of the countries in which it operates, including the laws of the United States; or (ii) an entity that provides dating services if its principal business is not to provide international dating services between Maryland residents and foreign nationals and it charges comparable rates and offers comparable services to all individuals it serves regardless of the individual’s gender or country of citizenship. (f) “Marital history information” means a declaration of an individual’s current marital status, the number of times the individual has been married, the number of domestic violence protective orders issued against the individual, and whether any previous marriage occurred as a result of receiving services from an international marriage broker. (g) “Recruit” means an individual who is not a citizen or resident of the United States and who uses the services of or is recruited by an international marriage broker for dating, matrimonial, or social referral services.

Md. Code, Business Regulation § 19-602

(a) (1) An international marriage broker shall provide each recruit with criminal history record information and marital history information of its client and basic human rights information before personal contact information about a recruit is given to the client. (2) The human rights information provided under paragraph (1) of this subsection may be prepared by an organization that is not affiliated with the international marriage broker. (b) The information required in subsection (a) of this section must be: (1) in the recruit’s native language; and (2) displayed in a manner that: (i) separates the criminal history record information, the marital history information, and the basic rights information from any other information; and (ii) is highly noticeable. (c) The international marriage broker shall pay the costs incurred to translate the information.

Md. Code, Business Regulation § 19-603

(a) In accordance with federal law, a client shall: (1) provide the client’s own marital history information to the international marriage broker; and (2) notify the international marriage broker if the client has previously sponsored an international spouse. (b) The international marriage broker shall require the client to affirm that the marital history information is complete and accurate and includes information regarding marriages, annulments, dissolutions, and the number of domestic violence protective orders issued against the client that occurred in this State, in another state, or in a foreign country. (c) The international marriage broker may not provide any personal contact information to the client or the recruit, including the last name, phone number, address, or electronic mail address of the client or the recruit, until the international marriage broker has: (1) received the information from the criminal history records check required under § 19–604 of this subtitle; (2) received the requested marital history information; and (3) provided the information to the recruit. (d) Information obtained by the international marriage broker under this section shall be confidential and may not be used for any purpose other than that for which it was disseminated.

Md. Code, Business Regulation § 19-604

Prior to the release of any personal contact information to the client or the recruit, the international marriage broker shall conduct a State and national criminal history records check of the client, including a search of the sex offender registry.

Md. Code, Business Regulation § 19-605

An international marriage broker may disclose personal contact information on a recruit only after obtaining consent from the recruit, written in the recruit’s native language.

Md. Code, Business Regulation § 19-606

An international marriage broker shall be deemed to be doing business in the State if it contracts for services with a Maryland resident or is considered to be doing business under other laws of the State.

Md. Code, Business Regulation § 19-607

(a) A person who violates any provision of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $12,000 or imprisonment not exceeding 1 year or both, in addition to any penalty imposed under federal law. (b) In determining the penalty, the court shall consider: (1) any previous violations of this subtitle by the international marriage broker; (2) the seriousness of the violation, including the nature, circumstances, and extent of the violation; (3) the demonstrated good faith of the international marriage broker; and (4) the necessity of deterring future violations.

Md. Code, Business Regulation § 19-701

(a) In this subtitle the following words have the meanings indicated. (b) “Animal control unit” has the meaning stated in § 10–617 of the Criminal Law Article. (c) (1) “Animal welfare organization” means a nonprofit organization: (i) that has tax exempt status under § 501(c)(3) of the U.S. Internal Revenue Code; and (ii) whose mission and practice is the rescue of animals and the placement of those animals in permanent homes. (2) “Animal welfare organization” does not include an organization that obtains animals from a breeder or broker in exchange for payment or compensation. (d) “Breeder” means a person who breeds or raises dogs or cats to sell, exchange, or otherwise transfer to the public. (e) “Broker” means a person who transfers dogs or cats for resale by another person. (f) (1) “Retail pet store” means: (i) a for–profit establishment that sells or offers for sale domestic animals to be kept as household pets; or (ii) a broker. (2) “Retail pet store” does not include an establishment at which the animals sold at the establishment were born at the establishment.

Md. Code, Business Regulation § 19-703

(a) A retail pet store may not sell or otherwise transfer or dispose of cats or dogs. (b) This section may not be construed to prohibit a retail pet store from collaborating with an animal welfare organization or animal control unit to offer space for these entities to showcase cats or dogs for adoption.

Md. Code, Business Regulation § 19-704

(a) A violation of this subtitle: (1) is an unfair or deceptive trade practice within the meaning of Title 13 of the Commercial Law Article; and (2) except for the provisions of § 13–411 of the Commercial Law Article, is subject to the enforcement and penalty provisions contained in Title 13 of the Commercial Law Article. (b) Each offer of an animal for sale in violation of this subtitle is a separate violation.

Md. Code, Business Regulation § 19-705

Nothing in this subtitle limits the ability of the State or a local government to prosecute the owner or operator of a retail pet store for any other violation of law.

Md. Code, Business Regulation § 19-801

(a) A mining company formed or organized in the State may not own, operate, hold any interest in, or receive profits from any store. (b) This section does not prohibit the employees of a mining company from forming a cooperative store.

Md. Code, Business Regulation § 19-901

(a) (1) In this section the following words have the meanings indicated. (2) (i) “Security system” means any burglary alarm system or robbery alarm system. (ii) “Security system” includes the service of monitoring the property to which a security system is attached in case of an alarm sounding. (3) (i) “Wireless security system” means a security system that is designed to carry a voltage of 50 volts or less and not hardwired. (ii) “Wireless security system” includes ancillary low–voltage components that are either wireless or battery–operated and supplementary smoke detectors as defined in the National Fire Protection Association 72: National Fire Alarm and Signaling Code. (b) If a wireless security system does not require the submission of a fire protection plan review to a local government for compliance with the State or a local building code, a local government may not require an electrical license or an electrical permit to install, maintain, inspect, replace, or service the wireless security system. (c) (1) A local government may: (i) require a person who provides wireless security systems to comply with a local alarm ordinance or obtain an alarm business registration or permit; and (ii) require a person who operates wireless security systems or causes wireless security systems to be operated to comply with a local alarm ordinance or obtain an alarm system registration or permit. (2) A local government may not require a person described in paragraph (1) of this subsection to obtain an electrical permit. (d) Wireless security systems are not exempt from Title 18 of the Business Occupations and Professions Article. (e) Wireless security systems must comply with any State or local building codes.

Md. Code, Business Regulation § 19-902

(a) (1) In this section the following words have the meanings indicated. (2) (i) “Battery–charged fence security system” means an alarm security system that includes a fence, a battery–operated energizer connected to the fence and intended to periodically deliver voltage impulses to the fence, a battery–charging device used exclusively to charge the battery, and any other ancillary components and attached equipment. (ii) “Battery–charged fence security system” does not include: 1. deer fencing; 2. livestock fencing; or 3. a wireless security system as defined in § 19–901 of this subtitle. (3) “Deer fencing” means fencing that is engineered to exclude or contain deer or elk. (b) This section applies only to a battery–charged fence security system that: (1) interfaces with a monitored alarm device in a manner that enables the alarm system to transmit a signal intended to alert the owner of the battery–charged fence security system or law enforcement; (2) has an energizer that: (i) is powered by a commercial storage battery that provides not more than 12 volts of direct current; and (ii) meets the standards set forth in the International Electrotechnical Commission Standard 60335–2–76, current edition; (3) is located: (i) behind a nonelectric perimeter fence or wall that is at least 5 feet tall; and (ii) on property that is not zoned as residential use only; (4) is not taller than 10 feet or 2 feet taller than the height of the perimeter fence or wall, whichever is taller; and (5) is marked with warning signs posted conspicuously on the fence at 30–foot intervals that state: “warning – electric fence”. (c) (1) A local government may: (i) require a person who provides a battery–charged fence security system to comply with a local alarm ordinance or obtain an alarm business registration or permit; (ii) require a person who operates or causes to be operated a battery–charged fence security system to comply with a local alarm ordinance or obtain an alarm system registration or permit; (iii) require an installer, on completion of a newly installed battery–charged fence security system, to submit to the local government an affidavit that includes: 1. the address of the installation; 2. the name of the installer; 3. the date of the installation; and 4. an affirmation that the criteria in subsection (b) of this section are satisfied; and (iv) inspect the newly–installed battery–charged fence security system after receipt of an affidavit under item (iii) of this paragraph, if required. (2) If, following an inspection conducted by a local government under paragraph (1)(iv) of this subsection, a battery–charged fence security system fails to comply with the criteria required under subsection (b) of this section, a local government may: (i) issue a citation: 1. describing the specific noncompliance; and 2. requiring that the battery–charged fence security system be made compliant within a time period required by the local government; and (ii) impose, if a battery–charged fence security system is not made compliant, a fine not exceeding $500. (3) A local government may not: (i) impose additional installation or operational requirements; (ii) require a person described in paragraph (1) of this subsection to obtain an electrical permit; (iii) prohibit the use of a battery–charged fence security system that is intended to be used for security; or (iv) require additional permits or fees other than those described in paragraph (1) of this subsection. (d) Battery–charged fence security systems are not exempt from Title 18 of the Business Occupations and Professions Article.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://mgaleg.maryland.gov/mgawebsite/Laws/StatutesFetched: 10/16/2026
Md. Code, Business Regulation, Title 19 | Code of Maryland (Aug. 2026 snapshot) — Maryland | Corpus